BILL NUMBER: SB 1511	CHAPTERED  08/23/00

	CHAPTER   231
	FILED WITH SECRETARY OF STATE   AUGUST 23, 2000
	APPROVED BY GOVERNOR   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 7, 2000
	PASSED THE SENATE   JUNE 1, 2000
	AMENDED IN SENATE   MAY 26, 2000
	AMENDED IN SENATE   MAY 11, 2000
	AMENDED IN SENATE   MAY 2, 2000

INTRODUCED BY   Senator Chesbro
   (Principal coauthor:  Assembly Member Wiggins)

                        FEBRUARY 16, 2000

   An act to add Section 23396.2 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1511, Chesbro.  Alcoholic beverages:  licenses.
   The Alcoholic Beverage Control Act contains provisions for various
types of licenses that permit licensees to furnish alcoholic
beverages under designated circumstances.
   This bill would create an on-sale general license for a wine, food
and art cultural museum, and educational center that would authorize
described persons to sell, furnish, or give alcoholic beverages for
consumption on the premises and various off-sale privileges.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 23396.2 is added to the Business and
Professions Code, to read:
   23396.2.  (a) An on-sale general license for a wine, food and art
cultural museum, and educational center authorizes those persons
described in subdivision (b) to sell, furnish, or give alcoholic
beverages for consumption on the premises and off-sale privileges, as
further qualified herein.  Such off-sale privileges shall be limited
to the sale of no more than six thousand (6,000) cases per calendar
year of wine labeled with and otherwise bearing only the name, logo,
trademark and/or other proprietary art owned by the wine, food and
art cultural museum and educational center licensee.  In no event
shall such wine bear a name, logo, trademark and/or other proprietary
art or statement identifying any other licensee.
   (b) For purposes of this division, "a wine, food and art cultural
museum, and educational center" is a person which meets all the
following conditions:
   (1) The retail premises includes an auditorium, concert terrace,
exhibition gallery, teaching kitchen, and library and may be adjacent
to a bona fide eating place as defined in Section 23038.
   (2) The premises is located in Napa County , operated by a
nonprofit entity that is exempt from payment of income taxes under
Section 501(c)(3) of the Internal Revenue Code, and includes real
estate improvements of a value of at least forty-five million dollars
($45,000,000).
   (c) The department shall upon request and qualification issue an
on-sale general wine, food and art cultural museum, and educational
center licensee a duplicate of the original license for a premises
located on commonly owned property contiguous to, or in close
proximity to the original licensed premises.  As used in this
section, "close proximity" shall mean the original licensed premises
is no further than 900 feet from the premises issued the duplicate
license regardless of whether the two premises are separated by a
public or private street, alley, or sidewalk.
   (d) There shall be no limit as to the number of events held on an
on-sale general wine, food and art cultural museum, and educational
center premises or duplicate premises at which a person or persons
issued caterer's permits under Section 23399 may sell alcoholic
beverages so long as the on-sale general license for a wine, food and
art cultural museum, and educational center surrenders its license
privileges for any portion of the premises at which a catered event
is held for the duration of the event.
   (e) A wine, food and art cultural museum, and educational center
licensed under this section shall not be included in the definition
of "public premises" under Section 23039.
   (f) The provisions of Article 2 (commencing with Section 23815) of
Chapter 5 do not apply to the issuance of on-sale general licenses
for a wine, food and art cultural museum, and educational center.  An
on-sale wine, food and art cultural museum, and educational center
license may be transferred to another person, qualified pursuant to
subdivision (b), but not to another location.  A licensee specified
in this section shall purchase no alcoholic beverages for sale in
this state other than from a wholesaler or winegrower licensee.
Notwithstanding any other provision of this division, licensees may
donate wine to a person licensed under this section.
   (g) Notwithstanding any other provision of this division, a
manufacturer, winegrower, manufacturer's agent, California winegrower'
s agent, rectifier, distiller, bottler, importer, or wholesaler may
hold the ownership of any interest, directly or indirectly, in the
premises and in the license of a wine, food and art cultural museum,
and educational center, may serve as an officer, director, employee,
or agent of a wine, food and art cultural museum, and educational
center licensee, and may sponsor or fund educational programs,
special fundraising and promotional events, improvements in capital
projects, and the development of exhibits or facilities of and for a
wine, food and art cultural museum, and educational center licensee
provided the number of items of beer, wine, or distilled spirits by
brand, exclusive of wine labeled for the wine, food and cultural
museum, and educational center licensee authorized in subdivision (a)
of this section, offered for sale by the wine, food and art cultural
museum, and educational center licensee, which are produced,
bottled, rectified, distilled, processed, imported, or sold by an
individual licensee holding an interest in, serving as an officer,
director, employee or agent of, or sponsoring or funding the programs
and projects of the retail licensee, does not exceed 15 percent of
the total items of beer, wine, or distilled spirits by brand listed
and offered for sale in the retail licensed premises.
   (h) An applicant for an original on-sale general license for a
wine, food and art cultural museum, and educational center shall, at
the time of filing the application for the license, accompany the
application with a fee of twelve thousand dollars ($12,000).  The
annual renewal fee for a license issued pursuant to this section
shall be the same as the applicable renewal fee for an on-sale
general license.
   (i) An applicant for a duplicate on-sale general license for a
wine, food and art cultural museum, and educational center shall, at
the time of filing the application for the license, accompany the
application with a fee equal to the license fee for an on-sale
general license.  The annual renewal fee for a duplicate license
issued pursuant to this section shall be the same as the applicable
renewal fee for an on-sale general license.
